On 17 June 2011, the Commission published a draft guidance paper for consultation on quantifying harm in actions for damages, based on breaches of Article 101 or 102 of the TFEU.
The Commission has taken a number steps since 2004 to stimulate the debate on damage actions and redress and has sought feedback from stakeholders on a number of possible options, which could facilitate antitrust damages actions. In 2005, the Commission published a Green Paper on damages actions for breach of EU competition rules, which was then followed by a White Paper in 2008. Similarly, in January 2010 the Commission published a study on quantifying antitrust damages. These documents have all been utilised to put together the draft guidance paper.
The aim of the draft guidance paper is not binding on national courts and is “purely informative”. Its aim, nevertheless, is to provide support to courts and parties involved in antitrust damages actions, by offering insight and information in relation to quantification of the damage/harm created by competition law breaches (for example, economic and practical insights that may be of use when national rules and practices are applied). The draft guidance paper also offers direction on the main methods and techniques that exist to quantify harm in a damages action.
Comments on the draft guidance paper are to be received by 30 September 2011.